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ORDIIIAIICE NO. HC
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE, ESTABLISHING NEW
POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT
3 APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES AND
4 PROVIDING FOR CONTINUATION OF THE HISTORIC PRESERVATION TASK FORCE.
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The Mayor and Common Council of the City of San Bernardino
do ordain as follows:
SECTION 1.
Chapter 15.37 of the San Bernardino
Municipal Code is amended to read as follows:
.CHAPTER 15.37
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HISTORIC STRUCTURE DEMOLITION ORDINANCE
F indinas and Purtlose.
15.37.010
The Mayor and Common
11 Council find and declare:
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A. The City of San Bernardino General Plan, adopted on June
2,
includes
an
1989,
Historical
and Archaeoloqical
Resources Element which provides a basis for historic
preservation in the City of San Bernardino.
B. An Historic Preservation Ordinance is required to be
completed as part of the development of the Historic
Preservation Proqram.
This ordinance will incl ude a
section on demolitions.
C. Several bUlldinqs of historical value have already been
demolished, includinq the Municipal Auditorium, Antlers
Hotel, Carneqie Library and Atwood Adobe and many others
which were an irreplaceable part of our heritaqe.
D . On December 18 ,
1989,
the Urqency Historic Structure
Demolition
Ordinance
was
(MC-694)
adopted.
MC-694
provided
for
the
establishment
of
the
Historic
Preservation Task Force and for the review of Demolition
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Permit applications. for pre-1941 buildings and
structures.
E. Prior to the adoption of MC-694, the City had no
provision for the review of Demolition Permit
applications for potentially historic buildings or
structures.
F. For clarification, it is necessary to amend the
provisions for the review of Demolition Permit
applications for potentially historic buildings and
structures.
G. By imposing the requirements of the amended Historic
Structure Demolition Ordinance, the City will have a
provision which facilitates a more efficient and
effective method of review for Demolition Permit
applications while the Historic Preservation Program is
being completed.
15.32.020 Definitions. For the purpose of carrying out the
intent of this Chapter, the words, phrases and terms set forth
herein shall be deemed to have the meaning ascribed to them in this
Chapter.
Building -
Any structure having a roof and walls built
and maintained to shelter human activity or
property.
Demolition - To destroy any building or structure so that
it is no longer standing or functional.
Historic Resource Evaluation Report, a report
that evaluates the historical significance of
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Report -
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1 a resource based upon established criteria.
2 Resource - A building or structure as defined in this
3 Chapter.
4 Structure - A structure is a work made up of independent
5 and interrelated parts that performs a primary
6 function unrelated to human shelter.
7 Survey - Historic Resources Reconnaissance Survey
8 (Volumes 1-5 and Attachments, April 30. 1991
9 and all subsequent revisions), a citywide
10 survey of buildings and structures constructed
11 pr ior to December 31, 1941 which provides
12 baseline information regarding the types and
13 locations of resources, approximate
14 construction dates. representative
15 architectural styles, construction materials,
16 and contextual historical themes.
17 Task Force - The Historic Preservation Task Force, a
18 committee appointed by the Mayor and Common
19 Council to oversee the Historic Preservation
20 Program and ordinance and to review all
21 Demolition Permit applications that require
22 their review in accordance with the provisions
23 of this Chapter.
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25 15.37.025 Historic Preservation Task Force. The Historic
26 Preservation Task Force (Task Force) was established by MC-694 and
27 the Task Force members were appointed by the Mayor with the
28 concurrence of the Common Council. Under the provisions of this
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1 Chapter. the Task Force shall continue to oversee the Historic
2 Preservation Proqram and Ordinance, review specified Demolition
3 Permit applications and perform other duties as established by the
4 Mayor and Common Council. This Task Force shall exist until the
5 Mayor and Common Council determine that it is no lonqer needed.
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7 15.37.035 Demolition Prohibited. No buildinq or structure
8 fifty 1501 years old or older shall be demolished unless a valid
9 Demolition Permit has been issued in accordance with this Chapter.
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11 15.37.040 Danaerous Buildinas ExemDted. The demolition of
12 any buildinq or structure fifty 1501 years old or older shall be
13 exempt from the provisions of this Chapter if findinqs have been
14 made by the Board of Buildinq Commissioners pursuant to the
15 provisions of Chapter 8.30, Public Nuisances and Chapter 15.28,
16 Danqerous Buildinqs, of the MuniciparCode. In such instances, the
17 bUildinq or structure is exempt from the provisions of this Code
18 and a Demolition Permit may be issued.
19 If the Buildino Official makes a findino that a buildino is
20 danqerous pursuant to summary abatement procedures of Chapter 15.28
21 of the Municipal Code, the buildinq is exempt from the provisions
22 of this Code and a Demolition Permit may be issued.
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24 15.37.045 Evaluation Thresholds and Reauirements.
25 Buildinos and structures fifty 1501 years old or older shall be
26 evaluated to determine historical siqnificance in accordance with
27 the followino thresholds and requirements which are based upon the
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1 Attachments. April 30. 1991 and all subsequent revisions}:
2 A. A Historic Resource Evaluation Report (Report) shall be
3 required for any resource identified on a modified
4 California Department of Parks and Recreation (DPR) 523 Form
5 (Volume 3. Appendix B. Resource List and DPR Forms) or
6 located within an area identified as beinq potentially
7 eliqible for Historic District desiqnation and listed as a
8 contributinq resource (Volume 3, Appendix C. Historic
9 Distr icts and Overlay Zones. Items 1. throuqh 4.). Any
10 resource located in a new area identified by the Mayor and
11 Common Council as being potentially eliqible for Historic
12 District desiqnation and listed as a contributing resource
13 shall also be subject to the provisions of this subsection.
14 B. A Historic Resource Evaluation Report may be required for
15 any resource listed on the Tabular List and located within
16 the boundaries of an area identified in the Survey as beinq
17 potentially eliqible for Historic OVerlay Zone desiqnation
18 (Volume 3. Appendix C. Historic Districts and OVerlay Zones,
19 Items 5. throuqh 13.). Usinq the criteria established in
20 Section 15.37.055 of this Chapter. the Director of Planninq
21 and BUilding Services shall evaluate demolition permit
22 applications for these resources to determine the
23 requirement for a Report. Any resource located in a new
24 area identified by the Mayor and Common Council as beinq
25 potentially eliqible for Historic OVerlay Zone desiqnation
26 shall also be subject to the provisions of this subsection.
27 C. Demolition Permit applications for buildinqs and structures
28 which are listed only on the Tabular List or not included in
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1 the Survey shall not require a Report unless the Task Force
2 determines that further study is required based upon new,
S histor ical or cultural information not contained in the
4 Survey.
5 When required, Historic Resource Evaluation Reports shall be
6 prepared in accordance with Section 15.37.050 of this Chapter.
7 At regular intervals (as determined by the Task Force and
8 prior to the expiration of the appeal period after a determination
9 is made), the Task Force shall be notified in writing of all
10 determinations made in accordance with thresholds B. and C.
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12 15.37.050 Historic Resource Evaluation Reoort. A Historic
13 Resource Evaluation Report required as a submittal for a Demolition
14 Permit application shall contain the following elements.
15 A. Purpose and Scope
16 B. Methods of Evaluation. Field and Archival
17 C. Location and Setting
18 D. Architectural Description of the Resource
19 E. Historical Background
20 F. Statement of Significance
21 G. Alternatives to Demolition (such as Retention,
22 Relocation, Rehabil i tat ion , Restoration and Adaptive
23 Reuse)
24 H. Conclusions
25 I. Recommendations
26 J. Mitigation
27 K. Archival Documentation (Appendices)
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1 The Statement of Siqnificance element (Item F. above) shall
2 be made usinq the criteria listed in Section 15.37.055 of this
3 Chapter and the National Reqister criteria for evaluation and shall
4 include a discussion of the related historical contextual themes.
5 The archival documentation lItem ~. above) of the resource
6 shall include a completed DPR 523 Form and archival quality photo
7 documentation. This information shall be included as an appendix
8 to the Report.
9 Preparation and submittal of the Report shall be the
10 responsibility of the applicant. All Reports shall be prepared by
11 consultants who meet the professional qualification standards for
12 the field of Historic Preservation as described in the Federal
13 Reqister.
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15 15.37.055 Criteria for Determination of Historical
16 Sianificance.
17 1. The buildinq or structure has character, interest or
18 value as a part of the heritaqe of the City of San
19 Bernardino; or,
20 2. The location of the buildinq or structure is the site of
21 a siqnificant historic event; or,
22 3. The buildinq or structure is identified with a person(s)
23 or qroup(s) who siqnificantly contributed to the culture
24 and development of the City of San Bernardino; or,
25 4. The buildinq or structure exemplifies a particular
26 architectural style or way of life important to the City;
27 or,
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5. The buildino or structure exemplifies the best remainino
architectural type in a neiohborhood; or,
6. The buildino or structure is identified as the work of a
person whose work has influenced the heritaoe of the
City, the State or the United States; or,
7. The buildino or structure reflects outstandino attention
to architectural des ion , detail, materials or
craftsmanship; or,
a. The buildino or structure is related to landmarks or
historic districts and its preservation is essential to
the inteority of the landmark or historic district; or,
9. The unique location or sinqular physical characteristics
of the buildino or structure represent an established and
familiar feature of a neiohborhood; or,
10. The buildino, structure or site has the potential to
yield historical or archaeolooical information.
15.37.060 Review Process.
1. The Environmental Review Committee (ERC) Review - An
Initial Study (pursuant to the California Environmental
Quality Act) shall be prepared for a Demolition Permit
application when a Historical Resource Evaluation Report
is required in accordance with Section 15.37.045,
Subsections A.- C. of this Chapter. The Report shall be
included as an attachment to the Initial Study.
The Initial Study shall be reviewed by the ERC for
an environmental determination. Followino the ERC
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1 review. the application shall be reviewed by the Task
2 Force.
3 2. The Task Force Review - The Task Force shall review a
4 Demolition Permit application to determine the historical
5 siqnificance of the resource based upon the criteria set
6 forth in Section 15.37.055 of this Chapter. The Task
7 Force may also consider the National Reqister criteria
8 for evaluation. Based upon the criteria in Section
9 15.37.055. the Task Force may stay the issuance of the
10 Demoli tion Permit for a period of up to ninety (90) days.
11 Durinq this time. the Task Force shall pursue methods of
12 retention throuqh rehabilitation. relocation and/or reuse
13 or other alternatives to demolition.
14 The Task Force shall take action to qrant or deny
15 the Demolition Permit within the stay period specified.
16 If the Task Force approves the Demolition Permit
17 application. the Demolition Permit may be issued in
18 accordance with the Task Force action and followinq
19 compliance with the provisions of this Chapter and all
20 other City requirements.
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22 15.37.070 ADDeals. Any person may appeal the decisions
23 pursuant to this Chapter of the Director of Planninq and Buildinq
24 Services to the Task Force. Decisions of the Task Force pursuant
25 to this Chapter may be appealed to the Mayor and Common Council.
26 An appeal must be submitted in writinq with the required
27 appeal fee (if applicable) to the Planninq and Buildinq Services
28 Department within fifteen (15) days followinq the final date of the
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action for which an appeal is -made. The written appeal shall
include the reason(s) why the potential resource should be exempt
from or subject to the provisions of this ordinance.
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5 15.37.075 Inconsistent Provisions. Any section of the
6 Municipal Code or amendments thereto inconsistent with the
7 provisions of this ordinance to the extent of such inconsistencies
8 and no further is hereby superseded or modified by this ordinance
9 to the extent necessary to effectuate the provisions of this
10 ordinance.
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15.37.080 Severability. If any section, subsection,
sentence, clause or phrase or any portion of this ordinance is for
any reason declared invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of the
ordinance. The Mayor and Common Council, hereby, declare that it
would have adopted this ordinance and each and every section,
subsection, sentence, clause or portion thereof irrespective of the
fact that phrase, or any portion thereof would be subsequently
declared invalid or unconstitutional.
15.37.085 Penalty. Any person, firm or corporation,
whether as principal, agent, employee, or otherwise, violating or
causing the violation of any of the provisions of this Chapter is
guilty of a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010 of
this Code in addition to any other civil or administrative
remedies.
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1 15.37.090 Fees. Upon submittal of a Demolition Permit
2 application to the Planninq and Buildinq Services Department, the
3 applicant shall pay all applicable Planninq Division fees as
4, adopted by the Mayor and Common Council for an Initial Study and
5 for the Historic Preservation Task Force review. The applicant
6 shall pay all required Buildinq Safety Division fees as adopted by
7 the Mayor and Common Council prior to issuance of a Demolition
8 Permit."
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ORDINANCE. ..ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF
DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS
AND STRUCTURES AND PROVIDING FOR CONTINUATION OF THE HISTORIC
PRESERVATION TASK FORCE.
I HEREBY CERTIFY that the foreqoinq ordinance was dul y
adopted by Mayor and Common Council of the City of San Bernardino
meetinq thereof, held on the
day of
at a
I 1991 by the followinq vote, to wit:
ABSTAIN
ABSENT
NAYS
Council Members
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
12 MINOR
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POPE-LUDLAM
MILLER
City Clerk
The foreqoinq ordinance is hereby approved this
day of
, 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and leqal content:
JAMES F. PENMAN,
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B. ~ J
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